Can a defendant in a civil case refuse to testify under the Fifth Amendment?

California, United States of America

The following excerpt is from Persons Coming Under the Juvenile Court Law. Orange Cnty. Soc. Servs. Agency v. S.R. (In re Jocelyn C.), G051400 (Cal. App. 2015):

The Fifth Amendment offers protection from compelled testimony in two situations: First, it affords the defendant in a criminal case an absolute right not to testify; and second, it protects any witness in a civil case from being compelled to offer testimony which may tend to incriminate him or her. (Hudec v. Superior Court (2015) 60 Cal.4th 815; see Evid. Code, 930 [codifying absolute right not to testify as defendant in a criminal case], 940 [codifying right to refuse disclosure of any matter that might tend to self-incriminate].)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Is the right to testify in a civil trial grounded in the Fifth Amendment or in the Sixth Amendment? (California, United States of America)

Does commenting on a defendant's refusal to testify violate the Fifth Amendment's self-incrimination clause? (California, United States of America)

Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)

Does the Fifth Amendment bar the prosecution from commenting on the refusal to testify in a civil case? (California, United States of America)

Can a defense counsel argue that a defendant could have hidden behind his Fifth Amendment right not to testify but instead testified? (California, United States of America)

Can a witness who refuses to testify before a jury refuse to give evidence under the Fifth Amendment privilege? (California, United States of America)

Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)

Is a prosecutor's comment to the jury that a defendant who refused to testify at trial about his failure to testify prejudicial error harmless? (California, United States of America)

In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)

Can a judge who is a defendant in a civil matter refuse to testify as a witness or witness? (California, United States of America)

Can a defendant in a civil case refuse to testify under the Fifth Amendment?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources